.... . 

HEARING OFFICER'S REPORT 

Regarding: Proposed Revision to the 

State Implementation Plan (SIP): Administrative and Non-Substantive 

Changes to Delaware 's Regulations Governing the Control of Air Pollution 

Lisa A. Vest 

Hearing Officer 

August 7, 2008 
I. Background: 

On Thursday, July 31, 2008, a public hearing was held in the 

Priscilla Building Conference Room of DNREC in Dover to receive public 

comment on a proposed revision to the State Implementation Plan (SIP) 

regarding administrative and non-substantive changes to Delaware's 

Regulations Governing the Control of Air Pollution. The purpose of this 

SIP revision is to make the necessary administrative changes in all existing 

Delaware SIP regulations so that the language uses and the styles are all 

consistent with Delaware's Administrative Code for drafting regulations, to 

wit: the Delaware Manual for Drafting Regulations (March 2006). Some 

additional non-substantive changes and corrections of existing clerical 

errors have been proposed to these SIP regulations by the Department at 

this time as well. 

It should be pointed out that the aforementioned administrative 

changes are completely non-substantive, and that these changes, along 

with the correction of clerical errors as noted above, do not alter the 

regulatory features of any existing individual SIP regulations (i.e., effective 

dates, regulatory limits and/ or requirements, compliance schedules, 

enforcement procedures, etc.). 

The proposed SIP revisions, along with copIes of all Delaware 

existing SIP regulations with the proposed changes, were published in 

the Delaware Register of Regulations for public review and comment on 

July 1, 2008. The documents have been available for public review and 

2 
comment in DNREC's Air Quality section offices in both Dover and New 

Castle since June 16, 2008. On July 2, 2008, the proposed SIP revisions 

and the related SIP regulations were sent to the U.S . Environmental 

Protection Agency (i.e., "EPA") Region III office for pre-hearing review and 

comments. On July 30, 2008, the Department received a letter from the 

U.S. EPA Region III Office, stating that the EPA had determined (and 

agreed) that the proposed changes as described in the hearing 

documents were purely administrative in nature, and would not change 

the substance or intent of any affected rules if adopted. 

No public comment regarding these proposed SIP revIsIons were 

received by the Department, either during the pre-hearing phase of this 

matter or at the public hearing itself on July 31, 2008, nor were any 

members of the public present at said hearing. Proper notice of the 

hearing was provided as required by law. 

II. Summary of Hearing Record: 

A. Exhibits: 

Exhibit No.1: Copy of the Register notice for the 

proposed SIP revisions, and the proposed Delaware SIP 

revision, both published in the July 1, 2008 edition of the 

Delaware Register of Regulations; 

Exhibit No.2: Copy of the State of Delaware's 

Regulations Governing the Control of Air Pollution, with 

changes as set forth in the proposed SIP revision; 

3 
Exhibit No.3: Copy of the affidavits of publication from 

the News Journal, the Sunday News Journal, and the 

Delaware State News regarding the notice of this public 

hearing, which were published on June 22, 2008; 

Exhibit No.4: Copy of the legal notice mailed to the 

Department's mailing list to notify the addressees of this 

public hearing and its subject matter; and 

Exhibit No.5: Copy of the letter received by the 

Department from the U.S. EPA Region III Office dated July 

30, 2008, regarding the proposed SIP revision and the 

related State of Delaware Regulations Governing the Control 

of Air Pollution. 

B. Findings of Fact: 

Frank Gao, Environmental Engineer in the Planning Branch 

of the Air Quality Management Section of the Department's 

Division of Air and Waste Management, was the project leader for 

this proposed SIP revision subject matter, and served as the 

principal author of the same as well. After en tering the 

Department's aforementioned exhibits into the formal public 

hearing record of this matter, Mr. Gao provided a brief background 

with regard to this proposed SIP revision project. 

4 
Over the past three decades, the State of Delaware has 

developed 48 regulations governing air quality management in 

Delaware. Among those 48 regulations, 32 have been approved by 

the U.S. EPA as individual SIP revisions, and are listed accordingly 

in 40 CFR 52. Those regulations, having been developed by the 

Department over a long period of time, have adopted different 

coding and numbering methods and styles. These variances have 

resulted in confusion and misunderstandings when updating the 

same. 

The purpose of this SIP is to update all of Delaware 's existing 

individual SIP regulations to one uniform style, in accordance with 

the Delaware Administrative Code, "Manual for Drafting 

Regulations (March 2006)". In addition to this style update, 

several clerical errors are being corrected in the existing SIP 

regulations as well. Again, the aforementioned administrative 

changes are completely non-substantive, and these changes, along 

with the correction of errors as noted above, do not alter the 

regulatory features of any existing individual regulations (i.e., 

effective dates, regulatory limits and/or requirements, compliance 

schedules, enforcement procedures, etc.). 

For brevity's sake, and for the Secretary's understanding in 

this matter, copies of the Department's Exhibit # 1 (the Register 

Notice for this proposed SIP revision, and the proposed Delaware 

5 
SIP reVISIOn itseln is attached hereto as Attachment "A", and IS 

expressly incorporated herein to this Hearing Officer's report. 

III. Conclusions and Recommended Findings: 

On the basis of the record developed in this matter, it appears that 

the Air Quality Management Section of the Department has provided a 

sound basis for the proposed reVISion to Delaware 's State 

Implementation Plan (SIP), specifically, with respect to the 

aforementioned administrative and non-substantive changes to the SIP 

regulations. Therefore, I recommend that the Department's proposed 

revisions to the State Implementation Plan and the SIP regulations be 

made, and that the proposed amendments be promulgated in final form, 

In accordance with the customary and established rule-making 

procedure required by law. 

I further recommend the following additional findings: 

1. Proper notice of the hearing was provided, as required by 

law. 

2. The Department has jurisdiction under its statutory 

authority to make a determination in this proceeding. 

3. The Department provided adequate public notice of the 

proceeding and the public hearing in a manner required by the law and 

regulations. 

4. The Department held a public hearing in a manner required 

by the law and regulations. 

6 
5. Delaware's SIP Regulations Governing the Control of Air 

Pollution , as a result of having been developed by the Department over a 

long period of time (approximately 40 years), have adopted different 

coding and numbering methods and styles. These variances have 

resulted in confusion and misunderstanding when updating the same. 

6. Adoption of the proposed administrative and nonsubstantive revisions to all of Delaware's existing SIP regulations will 

result in uniform language use and style consistent with the Delaware 

Administrative Code for drafting regulations, to wit: the Delaware Manual 

for Drafting Regulations (March 2006 edition) . 

7. The adoption of the proposed reVISIOns to the SIP 

regulations, which are strictly administrative and non-substantive in 

nature, will not alter any regulatory features of any existing individual 

SIP regulations, such as effective dates, regulatory limits and/ or 

requirements, compliance schedules, enforcement procedures, etc. 

8. Moreover, the adoption of the SIP revisions to correct the 

clerical errors present in Delaware's current SIP regulations will provide 

better clarity and a fuller understanding of the regulatory language 

contained within all existing individual SIP regulations to the general 

public and the regulated community. 

7 
9. The proposed SIP revisions should be issued in final form and 

adopted as the Department's final action, and be published as a Notice in 

the Delaware Register of Regulations in the next available issue. 

\ ahear \ SIP.Admin.Nonsubstant.changes.08 

8 
ATTACHMENT "A" 

PROPOSED REGULATIONS 

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL 

CONTROL 

DIVISION OF AIR AND WASTE MANAGEMENT 

Statutory Authority: 7 Delaware Code, Chapter 60, (7 DeI.C. Ch. 60) 

REGISTER NOTICE 

1. Title ofthe Regulations: 

29 

DELAWARE STATE IMPLEMENTATION PLAN: Administrative and Non-Substantive Changes to Delaware's 

Regulations Governing the Control of Air Pollution 

2. Brief Synopsis of the Subject, Substance and Issues: 

Over the past 40 years, Delaware has adopted 32 air regulations that are approved by the US Environmental 

Protection Agency (EPA) as state implementation plan (SIP) revisions. Another four regulations have been submitted 

to EPA and are currently pending EPA approval into Delaware SIPs. The purpose of this SIP document is to update all 

these SIP regulations to a uniform style in accordance with the Delaware Administrative Code. "Manual for Drafting 

Regulations (March 2006)." In addijion to this style update. several typo and misprint-type errors are also being 

corrected in this SIP revision. 

The administrative changes. non-substantive changes and correction of errors do not atter regulatory features 

of any individual regulation. such as effective date. applicability. regulatory limij and requirement. compliance and 

monitoring schedule. enforcement procedures. etc. 

3. Possible Terms of the Agency Action: 

None. 

4. Statutory Basis or Legal Authority to Act: 

7 Del. C .• Ch 60. Environmental Control 

29 Del. C .• Ch 101 . Administrative Procedures 

5. Other Regulations that may be Affected by the Proposal: 

None 

6. Notice of Public Comment: 

This SIP revision and all Delaware AQM regulations under ij are available for public review at offices of 

DNREC-DAWM Air Quality Management Section (AQMS). Dover and New Castle. A public hearing will be held on 

July 31, 2008. beginning at 6:00 pm. in AQMS Conference Room. 2nd Floor. Priscilla Building. 156 South State 

Street. Dover. DE 19901 . Comments on this SIP revision and all regulations under it can be sent to AQMS at the 

above address. or presented at the hearing. 

7. Prepared by: 

Frank F. Gao. Project Leader Phone: (302) 323-4542. Date: June 12. 2008 E-Mail: Frank.Gao@state.de.us 

Delaware State Implementation Plan 

Administrative and Non-5ubstantive Changes in Regulations Governing the Control of Air Pollution 

Submitted To 

U.S. Environmental Protection agency 

By 

Delaware Department of Natural Resources and Environmental Control 

July 2008 

DELAWARE REGISTER OF REGULATIONS. VOl. 12, ISSUE 1, TUESDAY, JULY 1, 2008 
30 PROPOSED REGULA liONS 

Acronym List 

AQM 

AQMS 

CAA 

CAAA 

CFR 

DAWM -

DNRECEPA 

Air Quality Management 

Air Quality Management Section of DNREC 

Clean Air Act 

Clean Air Act Amendments of 1990 

Code of Federal Regulations 

Division of Air and Waste Management of DNREC 

Delaware Department of Natural Resources and Environmental Control 

United States Environmental Protection Agency 

FR 

NAAQSNOx 

Federal Register 

National Ambient Air Quality Standard 

Nitrogen Oxides 

SIP 

VOC 

State Implementation Plan 

Volatile Organic Compound 

1.0 Introduction 

1 .1 Background 

In the past three decades or so, Delaware has developed 48 regulations for ambient air quality 

management. Under Section 110 of the Clean Air Act (CAA) , an air quality management (AQM) 

regulation, when relied upon to attain or maintain the national ambient air quality standards (NAAQSs), 

must go through public review-comment and hearing process, and then be submitted to US 

Environmental Protection Agency (EPA) for approval as a state implementation plan (SIP) revision. 

nle 29, Chapter 101 of the Delaware Code (29 DeI.C., Ch 101) requires that regulatory agencies in 

Delaware develop and adopt regulations, and publish the regulations in the Delaware Register of 

Regulations through the Registrar's Office under Division of Research of the General Assembly. The 

Registrar's Office has developed guidelines and drafting manuals for Delaware regulations. The latest 

edition of drafting and style manual, entitled "Delaware Manual for Drafting Regulations," was issued 

as Delaware Administrative Code in March 2006 (see Appendix A of this document, hereafter referred 

to as "the 2006 drafting manual" or simply as "the 2006 Manual"). 

Since the 2006 drafting manual was issued, several Delaware AQM regulations have been formatted 

to comply with the standards specified in the manual. However, a majority of the Delaware AQM 

regulations have not been updated. 

1.2 Purpose and Scope 

Among the 48 Delaware AQM regulations, 32 regulations have been approved by EPA as Delaware 

state implementation plan (SIP) revisions, and are listed in 40 CFR Part 52 Subpart I (hereafter 

referred to as SIP regulations). They are: 

Regulation 1 "Definitions and Administrative Principles"; 

Regulation 1102' "Permits"; 

Regulation 3 "Ambient Air Quality Standards"; 

Regulation 4 "Particulate Emissions From Fuel Burning Equipment"; 

Regulation 5 ' Particulate Emissions From Industrial Process Operations'; 

Regulation 6 "Particulate Emissions From Construction and Materials Handling"; 

Regulation 7 "Particulate Emissions From Incineration"; 

Regulation 8 "SuWur Dioxide Emissions From Fuel Burning Equipment"; 

Regulation 9 "Emissions of Sulfur Compounds From Industrial Operations"; 

Regulation 10 'Control of Sulfur Dioxide Emissions-Kent and Sussex Counties"; 

Regulation 11 "Carbon Monoxide Emissions From Industrial Process Operations New Castle 

County"; 

DELAWARE REGISTER OF REGULATIONS, VOL. 12, ISSUE 1, TUESDAY, JULY 1, 2008 
PROPOSED REGULA liONS 

Regulation 12 "Control of Nnrogen Oxide Emissions'; 

Regulation 1113* 'Open Burning'; 

Regulation 14 "Visible Emissions' ; 

Regulation 15 "Air Pollution Alert and Emergency Plan'; 

Regulation 16 "Sources Having an Interstate Air Pollution Potential'; 

Regulation 17 ' Source Monnoring, Recordkeeping and Reporting'; 

Regulation 23 "Standards of Performance for Steel Plants: Electric Arc Furnaces'; 

Regulation 1124* ' Control of Volatile Organic Compound Emissions'; 

Regulation 1125* ' Requirements for Preconstruction Review" (Sections 1, 2 and 3); 

Regulation 26 "Motor Vehicle Emissions Inspection Program' ; 

Regulation 27 ' Stack Heights'; 

Regulation 31 "Low Enhanced Inspection and Maintenance Program'; 

Regulation 1132' ' Transportation Conformny' ; 

Regulation 35 "Conformny of General Federal Actions to the State Implementation Plans"; 

Regulation 37 "NOx Budget Program'; 

Regulation 39 ' Nnrogen Oxides (NOx) Budget Trading Program' ; 

Regulation 40 "Delaware's National Low Emission Vehicle (NLEV) Regulation'; 

Regulation 41 ' Limiting Emissions of Volatile Organic Compounds From Consumer and 

Commercial Products'; 

Regulation 42 ' Specific Emission Control Requirements (Section 1)"; 

Regulation 1144* ' Control of Stationary Generator Emissions'. 

31 

[* Indicating a regulation (or a section or sections therein) that has been revised after the issuance of 

the 2006 drafting manual. The prefix of ' 11 ' in ' 11##' in a regulation title number represents Delaware 

administrative code for Air Quality Management Section. See 2.2 of this SIP revision.) 

In addnion, the following regulations have been submitted to EPA as SIP revisions and pending EPA's 

approvals: 

Regulation 1143 ' Heavy Duty Diesel Engine Standards'; 

Regulation 1145 "Excessive Idling of Heavy Duty Vehicles'; 

Regulation 1146 ' Electric Generating Unit (EGU) Multi-Pollutant Regulation'; 

Regulation 1148 'Control of Stationary Combustion Turbine Electric Generating Unit Emissions". 

The purpose of this SIP revision is to make all Delaware SIP regulations (Le., both listed and not-yet 

listed in 40 CFR Part 52 Subpart I) consistent with the 2006 Manual. In addition, some non-substantive 

changes and corrections of errors have been made. Exclusively for this SIP revision: 

Administrative or editorial changes are those under the administrative authority granted to 

Delaware Registrar's Office by 29 DeI.C. Ch 1134 and are applicable to all Delaware regulations 

for consistency purpose. Therefore, all Delaware air regulations , both existing ones and future 

ones, shall follow. 

Non-substantive changes are those made for clarification and consistency purposes and do not 

a~er or amend the intent or meaning of the subject regulation. 

Ednorial changes also include correction of errors due to typos or misprints when a regulation was 

developed or revised to its current version. 

The above changes are made on the current AQM regulations, and reflected by stFiI,ee~ts " for 

deletions and ' underlines' for addnions, as required by the 2006 Manual. After the above changes are 

made, the regulations and relevant terms (languages, codes, styles, formats, etc.) are defined as 

being "revised' in this SIP revision. All revised SIP regulations are presented in Appendix B of this SIP 

revision. 

DELAWARE REGISTER OF REGULATIONS, VOL. 12, ISSUE 1, TUESDAY, JULY 1, 2008 
32 PROPOSED REGULA liONS 

It should be pointed out that the administrative changes, non-substantive changes and corrections of 

errors do not alter regulatory features of individual regulations, such as effective date, applicability, 

regulatory limit and requirement, compliance schedule, enforcement procedures, etc. 

1.3 Exclusions 

The following five SIP regulations (or sections) are not included in this SIP revision: 

Regulation 31 'Low Enhanced Inspection and Maintenance Program"; 

Regulation 37 "NOx Budget Program"; 

Regulation 41 ' Limiting Emissions Of Volatile Organic Compounds From Consumer And 

Commercial Products (Section 2)"; 

Regulation 42 'Specific Emission Control Requirements (Section 2)". 

Regulations 31 and 41 (Section 2) are not included because they are currently under SUbstantive 

revision. Regulation 1142 (Section 2) is not included because it is under consideration for revision. The 

administrative and non-substantive changes in those regulations (or sections) will be made in their 

revisions. Regulation 37 is not included because it expired in 2002. 

Although the above regulations are not included in this SIP revision, they shall be referenced in the 

future under the new title code of ' 7 DE Admin Code 1100: For example, Regulation 31 will be 

referenced as ' 7 DE Admin Code 1131", instead ' Regulation 31 ." The new title codes and numbers are 

used for consistency purpose. See discussions in 2.2 and 2.5 of this SIP document. 

Many current AQM regulations have citations of the federal laws and documents (such the Clean Air 

Act, the Federal Register, and the Code of Federal Regulations). Some regulations contain 

appendixes that are adopted directly from federal documents, and documents of other state agencies, 

or other sources. The administrative changes, non-substantive changes and corrections under this SIP 

revision do not apply to contents of those citations and the appendixes directly from the 

aforementioned other sources. 

1.4 Non-SIP Regulations 

The following AQM regulations are not included in 40 CFR Part 52 Subpart I list, but have been 

adopted by Delaware to deal with air quality issues not directly related to NAAQSs: 

Regulation 18 ' Particulate Emissions from Grain Handling Operations"; 

Regulation 19 ' Control of odorous Contaminants"; 

Regulation 20 ' New Source Performance Standards"; 

Regulation 21 ' Emission standards for hazardous Air Pollutants' ; 

Regulation 22 ' Restriction on Quality of Fuel in Fuel Buming Equipment'; 

Regulation 1125" ' Requirements for Preconstruction Review" (Section 4); 

Regulation 28 ' Control of Toxic Air Contaminants-Reserved"; 

Regulation 29 'Emissions from Incineration of Infectious Waste' ; 

Regulation 30 'Title V state Operating Permit Program' ; 

Regulation 33 ' Motor Vehicle Pressure Test and Emission Control Device Inspection Program' 

(Replaced by Regulation 31); 

Regulation 34 ' Emission Banking and Trading Program"; 

Regulation 36 'Acid Rain Program' ; 

Regulation 1138 ' Emission Standards for Hazardous Air Pollutants for Source Categories' ; 

Regulation 47 Reserved. 

The above regulations are not considered as Delaware SIP regulations. Therefore, they are not 

included in this SIP revision, a~hough the administrative and non-substantive changes in those 

DELAWARE REGISTER OF REGULATIONS, VOL. 12, ISSUE 1, TUESDAY, JULY 1, 2008 
PROPOSED REGULATIONS 33 

regulations are conducted along with this SIP revision for consistency purposes. Delaware Registrar's 

Office is in charge of updating those regulations under 29 DeI.C .• Ch 1134. The proposed revisions of 

those non-SIP regulations can be reviewed at: 

http://reaulations.delaware.gov/AdminCodeltitle 7/1000/1 1 OOlindex.shtml#TopOlPage 

Comments on those non-SP regulations can be addressed to Jeffrey Hague, Registrar of Regulations, 

Delaware Legislative Council, at e-mail addressJeffrey.Hague@state.de.us. or sent to Office of 

Registrar of Regulations, P.O. Box 1401 , Dover, DE 19903. 

1.5 Responsibility and Contacts 

The agency with direct respcnsibility for preparing and submitting this SIP revIsion is Delaware 

Department of Natural Resources and Environmental Control (DNREC), Division of Air and Waste 

Management (DAWM), Air Quality Management Section (AQMS), under Section Administrator, Ali 

Mirzakhalili. The working responsibility for Delaware air quality planning and regulation development 

falls within AQMS' Planning Branch, under Program Manager Ronald A. Amirikian. Frank F. Gao, 

Ph.D. and P.E. , of the Planning Branch, is the project leader and principal author of this SIP revision. 

Questions and comments should be addressed to either Ronald A. Amirikian at (302)739-9402 or 

Ronald.Amirikian@state.de.us, or to Frank F. Gao at (302)323-4542 or Frank.Gao@state.de.us, or 

sent to AQMS, 156 South State Street, Doer, DE 19901 . 

2.0 Administrative Changes 

2.1 Font Face and Size 

The 2006 Manual specifies that all Delaware regulations be drafted in Arial font face and 12-point font 

size. Accordingly, all AQM SIP regulations are converted to Arial font face and 12-point font size under 

this SIP revision. This font-change is not reflected with strikeouts and underlines in the revised 

regulations, since such change does not alter any meaning of the subject regulations in any aspect. 

2.2 Regulation Title Coding and Numbering 

Historically, Delaware AQM regulations have been grouped in "Delaware Regulations Governing the 

Control of Air Pollution," and numbered from 1 to 48 (Arabic numbers) without an indentifying or 

administrative code. Under the current Delaware administrative coding system, all AQM regulations 

should be under "Trtle 7 DNREC, 1100 Air Quality Management Section" and be coded with four digits 

in a format of "11##", where the first two digits "11 " specify "AQMS" and the second two digits "##" are 

the regulation numbers. According to this requirement, titles of all Delaware AQM regulations are 

recoded as follows, using Regulation No. 1 as an example, with strikeouts representing deletions and 

underlines for additions: 

Title 7 PNREC 

1100 Air QualitY Management Section 

REGblLATIO~~ ~JO . 1 

1101 DEFINITIONS AND ADMINISTRATIVE PRINCIPLES 

Under this SIP revision, all revised regulations use a bold-face text for their titles. In case that a current 

title used a regular-face text, this regular-to-bold change is not indicated by using strikeouts and 

underlines, since such change does not alter any meaning of the title in any aspect. 

2.3 Format of Definitions 

Various formats for definitions of terms have been used in Delaware AQM regulations. According to 

the 2006 Manual, the following format has been adopted as a standard format in all AQM regulations 

under this SIP reVision, using "heat input" as an example, with strikeouts representing deletions and 

underlines for additions: 

DELAWARE REGISTER OF REGULATIONS. VOL. 12. ISSUE 1. TUESDAY. JULY 1.2008 
34 PROPOSED REGULATIONS 

"Heat input" I-IEA:r I~JP6rp. :rAe means the potential thermal energy resulting from the complete 

combustion of any fuel. 

In some regulations, such as in Regulation No. 12, the terms to be defined are not bolded, but are in 

the standard format already. In those cases, the change from un-bolded terms to bOld-face terms are 

not identified by strikeouts and underlines, since such change does not aHer any meaning of the terms 

themselves and definnions that follow. 

2.4 Section and Subsection Numbering 

According to the format provided in the 2006 Manual, two changes are made with respect to sections 

in a regulation under this SIP revision: (1) All prefixes of "Section-" in section title lines are deleted; (2) 

Sections are numbered using a consistent format of Arabic numeral "#.0". 

A majority of the current AQM negulations have subsections of various levels, and use different 

symbols for subsections, such as lower-case letters (a, b, ... ), Roman numbers (i, ii, ... ), Arabic 

numbers in parenthesis [(1), (2), ... j, upper-case letters (A, S, ... ), and paired lower-case letters (aa, 

bb, ... ). According to the format provided in the 2006 Manual, all those subsection symbols in the 

current AQM regulations are replaced by Arabic numbers under this SIP revision. 

The following is an example from Regulation 24, demonstrating changes in numbering of sections and 

subsections, with strikeouts representing deletions and underlines for additions: 

SeatteR 4 

~ Compliance Certification, Recordkeeping, and Reporting Requirements for Coating Sources 

II &.-To establish the records ... 

~ Ir.-Requirements for coating sources ... 

~ +.-Certification. By November 15, 1993, the owner or operator of a facility ... by providing all of the 

following: 

4.2.1.1 i,-The name and location of the facility. 

~ ii,-The address and ... 

According to the format provided in the 2006 Manual, the bold-face is adopted for section titles in all 

revised regulations. In those cases where a regular-to-bold face change is made, the change is not 

identified by strikeouts and underlines, since such change does not alter any meaning of the section 

title in any aspect. 

2.5 Citations in Regulations 

According to the 2006 Manual, all AQM regulations should be cited as Delaware Administration Code 

by title and regulation number (for code titles and numbers, see 2.2 of this SIP revision). Therefore, 

citations of another regulation are revised to the following standard format, using an excerpt from 

Regulation No. 2 as an example, with strikeouts representing deletions and underlines for additions: 

... in an operation permit issued pursuant to Reg~lalieA Ne. 397 PE Admin. Code 1130. 

In several AQM regulations, Delaware's solid waste regulation is cited. According the 2006 Manual, 

and the latest version of that regulation, the citation is changed to: 

... IAe Selia VVasle Reg~lalieAs 7 PE Admin. Code 1301 , Regulations Goveming Solid Waste. 

Another common citation in the AQM regulations is the Delaware Code. According to the 2006 

Manual, the following standard format is adopted in all AQM regulations under this SIP revision, using 

Title 29 of Delaware Code, Chapter 80 as an example: 

DELAWARE REGISTER OF REGULATIONS, VOL. 12, ISSUE 1, TUESDAY, JULY 1, 2008 
PROPOSED REGULATIONS 35 

... as defined in 29 Del.C .. Ch 80 . 

In cases where an un-bolded "DeLC: is changed to a bold "DeI.C:, the strikeouts and underlines (Le., 

ge!,G, ~ are not used in the revised regulations, since such change does not a~er any meaning 

of the subject in any aspect. In addition, the symbol "§" is used when a section of the Delaware Code is 

cited. 

2.6 Other Changes 

Based on the specifications in the 2006 Manual, the following changes are also made in all AQM 

regulations under Ihis SIP revision, with strikeouts representing deletions and underlines for additions: 

2.6.1 Changing "and/or" to "or". 

Example: __ . previous permit aOOIor application ... 

2.6.2 Changing "word(s)" to "word or words". 

Example: ... control devi~ or devices .. . 

2.6.3 Spelling out numbers from 1 to 9, except those followed by specifying symbols such as %, °c, OF, 

and those used for special terms such as "the 1-hour ozone standard: However, numerals 

between 1.0 and 9.0 are not spelled out, due to the precision meaning held by the decimal place. 

2.6.4 Using Arabic numbers for 10 and greater, except when used at the beginning of a sentence. 

2.6.5 Changing word "percent" following a numeral to "%". 

Examples for the above three changes include: 

... 3 ~ years after the effective date ... 

__ . 5 ~eFeeRI ~ of the emissions . __ 

... tweAty j3ereeAt 20% of the emissions ... 

2.6.6 Change "deg C and deg F" to "oC and OF", respectively. 

Example: ... at 343 ~ ~ (650 ~ "E) or higher __ . 

2.6.7 Change dates in the text, for example, from "12102/94" to "December 2, 1994: 

This change is made according to the 2006 Manual. For those dates in front of a section title line, 

see 3.4 of this SIP revision. 

3.0 Non-Substantive Changes 

3.1 Addition and Deletion of Words 

3.1.1 Additions 

In a current AQM regulation, its sections and subsections may be referenced frequently in the 

regulation itself. In addition, the federal Clean Air Act (the Act) may be cited frequently as well. To 

ensure precise citations and references, the terms "of (or in) this regulation" and "of (or in) the Act" 

are added wherever they seem necessary and adequate. See examples in 3.1.2 of this SIP 

revision. 

3.1.2 Deletions 

In the current regulations, terms such "section, subsection, part, subpart, paragraph, and 

subparagraph" are used extensively, but not consistently and properly. For example, the term 

"section" is used to denote not only sections, but oftentimes subsections and even subsubsections. In addition, the term "paragraph" is used for sections and subsections which contain 

mu~iple paragraphs. Under this SIP revision, terms "section, subsection, part, subpart, paragraph, 

and subparagraph" are no longer used in front of section or subsection numbers. Examples 

include: 

__ ' pursuant to seeIieR e{aHiH1),A, 5.1.1 .1 1 of this regulation __ . 

(See also 2.4 of this SIP revision.) 

__ . to meet the requirements of Section 112(i)(1) of the Act... 

DELAWARE REGISTER OF REGULATIONS, VOL.. 12, ISSUE 1, TUESDAY, JULY 1, 2008 
36 PROPOSED REGULATIONS 

(See also 1.3 of this SIP revision.) 

3.1.3 Deleting Specific Section and Subsection Numbers 

There are cases in the current regulations where there is only one subsection in a section. This 

single subsection is no longer numbered under this SIP revision. See example below, where "6.1" 

is deleted since it was to denote a single subsection in Section 6. 

8eetisA & 

i& RACTPROPOSALS 

64 The RACT proposal submitted in accordance with ... 

3.2 Changing Italic Font Style to Regular Style 

In some current regulations, the italic font is used for the purpose of identifying terms that are defined 

in the subject regulations. In other regulations, the italic font is used for other purposes, such as 

emphasis. Under this SIP revision, the italic font is no longer used. This change is not indicated by 

strikeouts and underlines (e.g., eMissieRs emissjons) in the revised regulations, since such change 

does not alter any meaning of the terms themselves and their contexts in any aspect. 

3.3 Renumbering Tables and Equations' 

Tables or equations in the current AQM regulations are numbered in various ways. Under this SIP 

revision, a standard format of "X_yo is adopted for all tables and equations, with X denoting a section 

and Y denoting table or equation order in that section. For example, the following changes are made in 

Section 7 of Regulation 17 and Section 1 of Regulation 41 , for table number and equation number, 

respectively: 

TABLE ~ Z:1. ESTIMATED EMISSIONS METHOD CODE 

1.6.1.1 ... Determine the VOC content using equation 1-1 as follows: 

VOC Content = Ws - Ww - Wee 

Vm - Vw - Vee (1:1) 

When tables or equations appear in an appendix, they are also numbered with the standard format of 

"X_yo, where X denoting the appendix (A, B, ... etc. See 3.5 of this SIP revision) and Y denoting table 

or equation order in the appendix. For example, the 3,d equation in Appendix A is numbered as "A-3", 

3.4 Dates Associated with Section Titles 

Historically, all Delaware AQM regulations have placed a date, in the format of "mm/ddlyy" 0' "mm/ddl 

yyyy," immediately in front of or after a section title, indicating the date when the subject section was 

adopted in its latest version. Those dates are mainly for record purpose, It is oftentimes necessary to 

revise or update only individual section or sections, but not the whole regulation. Therefore, new 

requirements and supporting data are reflected only in the newly-adopted section or sections, It is 

determined, under this SIP revision, that those dates are maintained in all AQM regulations, in a 

consistent format of "mmlddlyyyy." 

3,5 Appendixes 

3.5.1 Numbering Appendixes 

Appendixes in a regulation are numbered using capital letters (A, e, ... ) under this SIP revision, In 

Regulation 24, the current appendixes are numbered with capital letters in double quotation marks 

(e,g., Appendix "A"). All appendixes in Regulation 24 are renumbered with un-quoted capital 

letters under this SIP revision, without strikeouts and underlines (e.g., !A! /','J. 

DELAWARE REGISTER OF REGULATIONS, VOL. 12, ISSUE 1, TUESDAY, JULY 1, 2008 
PROPOSED REGULATIONS 37 

In addition, all appendixes of AQM regulations are identified using bold-face (Le., Appendix) under 

this SIP revision, to distinguish them from appendixes of other documents cited in the AQM 

regulations. 

3.5.2 Footnotes in Appendixes 

According to the 2006 Manual, footnotes should be presented at the end of a regulation. For 

appendixes, however, footnotes are placed at the end of each appendix under this SIP revision. 

For example, footnotes used in an appendix of Regulation 24 are presented at the end of the 

subject appendix, instead of at the far end of the entire regulation . 

3.5.3 References in Appendixes 

References in an appendix are no longer denoted by superscripts (i.e., 1, 2, ... ) under this SIP 

revision. Instead, a directing text in parenthesis "(see # of this appendix)" is used, where "#" is the 

order number of the reference listed at the end of the appendix. 

3.6 Other Changes 

Other non-substantive changes are made under this SIP revision, mainly for consistency and 

clarification purposes. The changes are indicated by strikeouts and underlines, and are selfexplanatory. The following is an example: 

12.8 tRF8I;JgR 12 19 [Reser;'eeU 

12.a [Reserved! 

~ [Reserved! 

1lJ..Q [Reserved! 

4,0 Correction of Errors 

Correction of errors under this SIP revision is self-explanatory. For example, the following correction is 

made in 2.3 of Regulation 9: 

.. shall not apply ... to ~oleum storage and transfer facilities. 

Examples of other self-explanatory corrections under this SIP revision include: 

Correcting "C02" to ' C02"; 

Correcting "cm3" to ·cm3.; 

Correcting "the 31 st" to "the 31 st". 

The above superscript or subscript corrections are not indicated with strikeouts and underlines in this 

SIP revision, since such corrections do not a~er any meaning of the subjects in any aspect. 

5,0 Appendices 

A. Delaware Manual for Drafting Regulations, March 2006 Edition, Registrar's Office, Division of 

Research of the General Assembly, Dover, DE. Available at 

http://regulations delaware.gov/documents/drafting&stvlemanual.pdf 

B. Collection of Revised Delaware SIP Regulations. Available at 

http://regulations.delaware.gov/register/july2008/proposed/index.shtml#TopOfPage 

Under: DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL 

Please Note: Due to the number and size of the SIP regulations they are not being published here, Copies 

are available at: 

hltp:llregulations,delaware.gov/register/july2008/proposed/index,shtml 

DELAWARE REGISTER OF REGULATIONS, VOL. 12, ISSUE 1, TUESDAY, JULY 1, 2008